Parents given criminal records for family holiday during term time

A couple who took their children on holiday to Australia in October have been
given criminal records

The pair, who have not been identified in order to protect their children, were given conditional discharges at Nuneaton Magistrates Court on Wednesday under the Government’s new law against taking children out of school during term time.

Speaking outside the court after the hearing, the mother told reporters that she thought the law used to prosecute them - Section 44 of the Education Act 1996 - was flawed.

The young family went to Australia for three weeks last October, according to the Coventry Telegraph. The mother, who was convicted following a trial, was given a 12-month conditional discharge, while the father, who later changed his plea to guilty, was handed a ten-month conditional discharge. The mother told the court that her family had been "suffering emotionally" at the time and that they had been visiting relatives in Australia.

“The magistrates gave the fairest verdict they could under the current laws, which are flawed," she told the newspaper after the hearing. "I fully support any campaign to call for a judicial review. I still feel I did the right thing for my children at the right time.”

Prosecuting counsel, on behalf of Coventry City Council, told magistrates that the only legal justification for children of compulsory school age being absent during term time was "for sickness or an unavoidable cause". The pupils' headteacher had refused to give permission for the absence.

The couple were issued with a £240 fine on their return, which they did not pay, it was reported.

A council spokesman said: "Coventry City Council and our schools follow the guidance set down by the Department for Education in trying to maintain good levels of attendance. Schools decide whether to authorise leave based on whether they think there are exceptional circumstances.

“Penalty notices are issued by the Council at the request of schools for various reasons including where the school has felt there were no exceptional circumstances to justify absence. On this occasion the parents decided not to accept the penalty notice but today's verdict demonstrates that the Council`s course of action was correct."

The hardening of the Government's stance against absenteeism has been strongly criticised by parents groups and some are hoping to take legal action in Europe in protest.

Citing their right to enjoy a family life, members of the campaign group 'Parents want a say' want to seek a judicial review of the ban on term time holidays introduced last autumn.

The new rules have meant that the 10 days of discretionary absence teachers used to be able to apply in “special circumstances” must now only be applied in “exceptional circumstances”. Fines are to be issued to parents who take pupils out of school when leave has not been granted.

“I feel that most MPs in the Government had holidays with their parents when they were younger so why do they think they have the power to stop our children’s generation from enjoying the same lifestyle,” asked Craig.

He said the group is currently building a case in discussion with parents.

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